Where an employee's injury is caused solely by his own fault he will not succeed in a claim against his employer1; where it is caused partly by his fault2 and partly by the employer's negligence or breach of statutory duty (or the negligence of, or breach of statutory duty by, someone in respect of whom the employer is vicariously liable such as a fellow-employee) the proportion attributable to the employee's contributory negligence should be assessed and liability apportioned accordingly
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